JACKSON v. U.S.

No. 04-3657.

463 F.3d 635 (2006)

Demetrius G. JACKSON, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided September 8, 2006.


Attorney(s) appearing for the Case

Gary L. Starkman Nancy M. Riley (argued), McGuirewoods, Chicago, IL, for Plaintiff-Appellant.

Kenneth M. Hays, Office of U.S. Attorney, South Bend, IN, David A. Capp (argued), Office of U.S. Attorney, Hammond, IN, for Defendant-Appellee.

Before FLAUM, Chief Judge, and BAUER and EVANS, Circuit Judges.


BAUER, Circuit Judge.

On July 30, 1999, Demetrius G. Jackson was sentenced 262 months' imprisonment as a career offender under U.S.S.G. § 4B1.1. Nearly five years later, he succeeded in reducing one of the predicate state convictions for this enhancement from a felony to a misdemeanor. He then brought before the district court this collateral attack on his federal sentence, which is, substantively, a motion under 28 U.S.C. § 2255. Because Jackson had previously...

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